REVIEW OF “CAUSAL LINK (CAUSATION)” IN THE ISLAMIC PENAL CODE 1392

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MOHSENI FARID; MALAKOOTI NASIR

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Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2015 | Volume:79 | Issue:91 Page(s): 133-157

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Information Journal Paper

Title

REVIEW OF “CAUSAL LINK (CAUSATION)” IN THE ISLAMIC PENAL CODE 1392

Author(s)

MOHSENI FARID | MALAKOOTI NASIR | Issue Writer Certificate

Keywords

CAUSATIONQ2

CRIMINAL LIABILITYQ2

CIVIL LIABILITYQ2

FACTUAL (BUT FOR) CAUSEQ2

Abstract

CAUSATION, being one of the essential elements of criminal and civil liabilities, is the meeting point of these two forms of liabilities. Unless CAUSATION is proved, neither of these two forms of liabilities would come into play. However, there is a fundamental difference in areas of criminal and civil liabilities as to the concept of CAUSATION. Thus, in area of former, CAUSATION must be analyzed through criminal methodology. This is given to the fact the each area of liabilities has its own means and necessities and therefore each type can only be reviewed on the basis of each respective structure. While, it is accepted that compensation would be a consequence of bearing CRIMINAL LIABILITY, invoking CRIMINAL LIABILITY is based on standards sourced from criminal principals. This paper will endeavor to provide a comprehensive criminal overview of the CAUSATION, its elements, norms as well as challenges of such essential element of CRIMINAL LIABILITY in light of Islamic thoughts, judicial verdicts and criminal legislations, particularly the new Islamic Penalty Code ratified in 1392.

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APA: Copy

MOHSENI, FARID, & MALAKOOTI, NASIR. (2015). REVIEW OF “CAUSAL LINK (CAUSATION)” IN THE ISLAMIC PENAL CODE 1392. THE JUDICIARY’S LAW JOURNAL, 79(91), 133-157. SID. https://sid.ir/paper/137988/en

Vancouver: Copy

MOHSENI FARID, MALAKOOTI NASIR. REVIEW OF “CAUSAL LINK (CAUSATION)” IN THE ISLAMIC PENAL CODE 1392. THE JUDICIARY’S LAW JOURNAL[Internet]. 2015;79(91):133-157. Available from: https://sid.ir/paper/137988/en

IEEE: Copy

FARID MOHSENI, and NASIR MALAKOOTI, “REVIEW OF “CAUSAL LINK (CAUSATION)” IN THE ISLAMIC PENAL CODE 1392,” THE JUDICIARY’S LAW JOURNAL, vol. 79, no. 91, pp. 133–157, 2015, [Online]. Available: https://sid.ir/paper/137988/en

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